(a) With relation to article II of this chapter:
(1) Apartment complex, townhouse complex or condominium complex shall mean a group of two (2) or more individual apartment, townhouse or condominium buildings constructed on one (1) taxable parcel of land and containing seven (7) or more individual units.
(2) Approved landscape waste containers shall mean biodegradable paper bags or polyethylene containers on wheels provided by the urban county government and intended to hold both woody and nonwoody landscape waste, or polyethylene or metal containers up to thirty (30) gallons, with lids, that are labeled "Yard Waste Only".
(3) Ashes shall mean the residue from the burning of wood, coal, coke and other combustible materials in homes, stores, institutions and small industrial establishments for the purpose of heating, cooking and disposing of waste combustible material. Cinders that are produced in large quantities at steam-generating plants are not included within the meaning of the term.
(4) Building rubbish shall mean the waste material resulting from the construction, remodeling, repair and demolition operations on commercial buildings, houses and other structures.
(5) Director, division of solid waste shall mean the director of the division of solid waste of the urban county government or his authorized deputy, agent or representative.
(6) Dumpster shall mean a metal tank designed or intended to be mechanically dumped into a packer-type garbage truck.
(7) Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods, paper and other kitchen type wastes generated from normal household activities. It is composed largely of putrescible organic matter and its natural moisture content. It includes a minimum amount of free liquids. Garbage originates primarily in home kitchens, and also may originate in stores, markets, restaurants, hotels and other places where food is stored, prepared or served.
(8) Hazardous waste shall mean ammunition, explosives, pathological waste, pesticides, herbicides, propane tanks, toxic industrial waste, radioactive waste and other toxic materials which are harmful to public waste.
(9) Kitchen facilities shall mean equipment arranged in a room or some other space in a structure which facilitates the preparation of food including, but not limited to, a combination of two (2) or more of the following—a range, microwave oven, dishwasher, kitchen sink or refrigerator.
(10) Nonwoody landscape waste shall mean grass clippings, leaves, garden vegetation, weeds and twigs (pencil thin), free of other debris or refuse.
(11) Recyclable materials may include, but is not limited to various grades of paper, aluminum and tin cans, glass and plastics.
(12) Roll cart container shall mean a large, durable polyethylene refuse container on wheels, complete with attached lid. Roll cart containers are designed to be rolled to the curb by residents or proprietors. Carts are designed to be dumped automatically by refuse vehicles. Carts are designed to hold both garbage and trash. Carts are provided by the urban county government and remain the property of the urban county government.
(13) Roll cart container equivalent shall mean any regularly recurring volume of garbage and/or trash, up to a ninety (90) gallon capacity, which is collected by the urban county government but not contained in a roll cart container or dumpster.
(14) Shall is mandatory; may is permissive.
(15) Special handling wastes shall mean wastes which cannot be properly or safely handled by a packer-type garbage truck (front or rear loading) without resulting in damage to government equipment. This waste shall include but is not limited to tires on rims, wooden pallets, lumber, large engine parts, large furniture, large scrap metal and shavings, bricks, building rubbish, concrete blocks, commercial stoves, excavated earth, food processing waste, metal drums, large wire bindings, heavy packing material, boiler house cinders, sewage, process sludge, liquids and hazardous or toxic materials of any sort.
(16) Townhouse or condominium shall mean a single-family residence sharing a common wall with one (1) or more single-family residences.
(17) Trash shall mean a variety of both combustible and noncombustible solid waste from materials from homes, stores and institutions.
(18) Woody landscape waste shall mean tree limbs or trunks not more than six (6) inches in diameter.
(b) With relation to article III of this chapter:
(1) Access road means a road designed and constructed so that traffic will flow smoothly and will not be interrupted by ordinary inclement weather.
(2) Applicant means any person making application for a permit to operate a landfill.
(3) Approved, authorized or designated landscape waste containers shall mean biodegradable paper bags with the official seal of the urban county government.
(4) Construction permit means a permit for:
(i) A landfill not previously permitted;
(ii) A permitted landfill which seeks substantial modifications in the scope of its permitted activities; and
(iii) A landfill whose permit has lapsed and has not been renewed within sixty (60) days.
(5) Department of health shall mean the Lexington-Fayette County Health Department or its successor.
(6) Hazardous waste shall mean explosives, pathological waste, pesticides, herbicides, toxic industrial waste, radioactive waste and other toxic materials which are harmful to public waste.
(7) Junked motor vehicle shall mean one that does not have lawfully affixed thereto both an unexpired license plate and a current motor vehicle safety certificate and the condition of the vehicle is wrecked, dismantled, inoperative, abandoned or discarded upon any public or private properly, excepting those at lawfully licensed and properly operating junkyards.
(8) Landfill means a solid waste disposal site or facility.
(9) Nonwoody landscape waste shall mean grass clippings, leaves, garden vegetation, weeds and twigs (pencil thin), free of other debris or refuse.
(10) Open burning means any fire wherein the production of combustion is emitted directly into the outdoor atmosphere and is not directed thereto through a stack or chimney, incinerator or other similar device.
(11) Operator means any person responsible for the construction and/or operation of the landfill.
(12) Permit means permission, in whatever form, by the commissioner of public works and the department of health.
(13) Person means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership, association, firm or other entity whatsoever.
(14) Plan means the detailed plans and specifications for the disposal site or facility, which shall include all material, description and information set forth in the application for permit and upon which said
permit was approved by the department of health and the commissioner of public works.
(15) Putrescible means organic solid waste subject to decomposition by bacteria, fungi and oxidation, except trees, brush and the like not requiring daily cover.
(16) Recyclable materials may include but is not limited to various grades of paper, aluminum and tin cans, glass and plastics.
(17) Refuse means all nonputrescible waste.
(18) Salvage means the controlled removal of reusable materials.
(19) Sanitary landfill means a landfill at which putrescible and other solid waste may be disposed pursuant to a method of disposing of said waste on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practicable volume and to cover it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary.
(20) Scavenging means the manual sorting of refuse either in the trucks or at the place of the fill, or in unconfined truck discharge areas by individuals not associated with the landfill operation.
(21) Solid waste means all putrescible or nonputrescible refuse in solid form. Solid waste includes but is not limited to garbage, rubbish, ashes, incinerator residue, street refuse, dead animals, demolition wastes, construction wastes, solid commercial and industrial wastes including explosives, pathological wastes and radioactive materials.
(22) Solid waste collector shall mean any person who collects or transports solid waste.
(23) Solid waste disposal site or facility means any place at which solid waste is disposed of by incineration, land filling or any other approved method.
(24) Spoiled food shall mean any food which has been removed from sale by the United States Department of Agriculture, Food and Drug Administration, Kentucky State Department of Health, Lexington-Fayette County Department of Health, or any other regulatory agency having jurisdiction in judging food unfit for consumption.
(25) Vector shall mean any insect or animal which transmits diseases from one person or animal to another.
(26) Woody landscape waste shall mean tree limbs or trunks not more than six (6) inches in diameter.
(c) With relation to articles V and VI of this chapter:
(1) Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2) ASTM shall mean the American Society for Testing and Materials.
(3) Authorized representative of industrial user. An authorized representative of an industrial user may be:
a. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
c. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(4) BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in parts per million by weight.
(5) Building drain shall mean the part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner surface of the building wall.
(6) Building sewer shall mean the extension from the building drain to the point of connection with the public sewer or other place of disposal.
(7) Categorical standards shall mean National Categorical Pretreatment Standards or pretreatment standard.
(8) Categorical user shall be defined by the industrial categories described in title 40 of the Code of Federal Regulations (40 CFR) Chapter I, subchapter N.
(9) City shall mean Lexington-Fayette Urban County Government.
(10) Combined sewer shall mean a sewer receiving both surface runoff and waste water.
(11) Commissioner of environmental quality shall mean the commissioner of environmental quality of the urban county government or his authorized deputy, agent or representative.
(12) Contractor. The person having the contract for the work in question.
(13) Cooling water shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollution added is heat.
(14) Director, division of water quality shall mean the person designated by the urban county government to supervise the operation of the publicly-owned treatment works and the MS4 and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
(15) Direct discharge shall mean the discharge of treated or untreated waste water directly to the waters of the state.
(16) Discharger shall mean any person that discharges or causes a discharge to a public sewer.
(17) Domestic waste water shall mean the water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.
(18) Effluent shall mean the liquid overflow of any facility designed to treat, convey or restrain waste water.
(19) Engineering manuals. That set of documents used to provide the standards for the design, review, construction and inspection of infrastructure in Lexington-Fayette County. These are also known as the engineering manuals or as the manuals. The engineering manuals consist of the procedures manual for infrastructure development (also known as the procedures manual), the construction inspection manual (also known as the inspection manual), geotechnical manual, the roadway manual, structures manual, stormwater manual, and the sanitary sewer and pumping station manual (also known as the sewer manual). These manuals, including the definitions therein, are hereby adopted and incorporated into this Code by reference. From time to time, the urban county government may revise, modify, or amend the manuals in conformance with the procedures established in the procedures manual.
(20) Environmental Protection Agency or EPA shall mean the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.
(21) Fats, oil and grease shall mean organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR Part 136, as may be amended from time to time. All shall be referred to herein as "grease".
(22) Grab sample shall mean the sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(23) Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking and service of food in home kitchens, stores, markets, restaurants, motels, hotels and other places where food is stored, prepared or served. Specifically excluded are food-processing wastes from canneries, slaughterhouses, packing plants and similar industries.
(24) Grease trap or interceptor is a device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the interceptor and entering the sanitary sewer collection system.
(25) Holding tank waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(26) Indirect discharge shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharge into the system).
(27) Industrial waste water shall mean all water-carried wastes and waste water of the community excluding domestic waste water and uncontaminated water, and shall include all waste water from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the waste water discharged includes waste of nonhuman origin.
(28) Industrial user shall mean a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act (33 U.S.C. 1342).
(29) Interference shall mean the inhibition or disruption of the POTW treatment processes or operations which contribute to a violation of any requirement of the city's NPDES or KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
(30) Main line means a pipe which is eight (8) inches or greater in diameter designed and used to transport sanitary sewage, owned by the urban county government and contained in the public right-of-way or an approved, recorded easement.
(31) National Categorical Pretreatment Standard or pretreatment standard shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
(32) National Prohibitive Discharge Standard or prohibitive discharge standard shall mean any regulation developed under the authority of section 307(b) of the Act and 40 CFR section 403.5.
(33) National Pollutant Discharge Elimination System or NPDES permit shall mean a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).
(34) New source means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of federal pretreatment standards under section 307(c) of the Act (33 U.S.C. 1317) provided that:
a. The building, structure or facility or installation is constructed at a site at which no other source is located; or
b. It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or waste water generating processes are substantially independent of an existing source at the same time.
(35) Ordinance shall mean, unless otherwise specified, this chapter.
(36) Person shall mean any individual, partnership, committee, association, corporation, public agency, firm, company, and any other organization or group of persons, public or private.
(37) pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(38) Pollution means the contamination or other alteration of any waters, physical, chemical or biological properties, including change in temperature, taste, color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters.
(39) Pretreatment or treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological process, or process changes by other means, except as prohibited by 40 CFR 403.6(d).
(40) Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(41) Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in any direction.
(42) Public sewer shall mean a sewer controlled by the urban county government to which owners of abutting properties may have access. In general, the public sewer shall include the main sewer in the street and the service branch to the curb or property line, or to a main sewer upon private property and any such sewers which are connected with the sewerage system of the urban county government.
(43) Publicly-owned treatment works (POTW) shall mean a treatment works as defined by section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey waste water to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey waste waters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
(44) Sanitary sewer shall mean a sewer which carries domestic and/or industrial waste water and to which storm water, surface water and groundwater are not intentionally admitted.
(45) Sewerage shall mean waste water.
(46) Sewerage system shall mean all facilities for collecting and pumping waste water.
(47) Sewerage works shall mean all facilities for collecting, pumping, treating and disposing of waste water.
(48) Sewer shall mean a pipe or conduit for carrying waste water.
(49) Shall is mandatory; may is permissive.
(50) Significant industrial user shall mean all categorical industrial users and any noncategorical industrial user that:
(a) Discharges twenty-five thousand (25,000) gallons per day or more of process waste water ("process waste water" excludes sanitary, noncontract, cooling and boiler blowdown waste waters); or
(b) Contributes to a process water stream which makes up five (5) percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or
(c) Has a reasonable potential, in the opinion of the control or approval authority, to adversely affect the POTW treatment plant (inhibition, pass-through of pollutants, sludge contamination, or endangerment of POTW workers).
(51) Significant violation means a violation that meets one (1) or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period prior to the end of each calendar quarter exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(b) Technical review criteria (TRC)—Violations defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six-month period prior to the end of each calendar quarter equal or exceed the product of a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) (daily maximum, long term average, instantaneous limit, or narrative standard) that the director, division of water quality, determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a waste water discharge permit or other order issued hereunder for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violation or group of violations, which may include a violation of best management practices, which the director, division of water quality, determines will adversely affect the operation or implementation of the local pre-treatment program.
(52) Slug shall mean any discharge of water or waste of a non-routine episodic nature, including but not limited to an accidental spill or a non-customary batch discharge which has reasonable potential to cause interference or pass through, or in any way violate local limits or permit conditions.
(53) Standard drawings: The current edition, latest revision of the standard drawings which are promulgated by the division of engineering to provide design standards for public (or when appropriate, private) infrastructure.
(54) Standard methods shall mean the current edition of "Standard Methods for the Examination of Water and Wastewater" and as published by the American Public Health Association.
(55) State shall mean the Commonwealth of Kentucky, or an authorized agency thereof having regulatory authority.
(56) Storm sewer or storm drain shall mean a sewer which is designed to carry storm and surface water and drainage.
(57) Suspended solids shall mean the solids that either float on the surface of or are in suspension in water, waste water or other liquids and which are removable by laboratory filtering.
(58) Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of section 307(a) of the Act (33 U.S.C. 1317) or other acts.
(59) Urban county engineer shall mean the director of the division of engineering of the urban county government or his authorized deputy, agent or representative.
(60) User shall mean any person who contributes, causes or permits the contribution of waste water into the city's POTW.
(61) Waste water shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and storm water as may be present.
(62) Waste water treatment plan shall mean any arrangement of devices and structures used for treating waste water.
(63) Waters of the commonwealth shall have the meaning of that term as set forth in KRS 224.01-010(33).
(d) With relation to article VII of this chapter:
(1) Annual improvement assessment means the share of each owner of benefitted property of the annual cost of the sanitary sewer improvement bond issued, or the annual share of an owner required to connect his property to an existing sanitary sewer.
(2) Assets test means that any person having assets in excess of either:
(i) Five thousand dollars ($5,000.00) in liquid assets such as bank accounts, savings, certificates of deposits, stocks, bonds, etc.; or
(ii) Five thousand dollars ($5,000.00) in equity in assessed value of nonhomestead property;
shall be ineligible to participate in the sanitary sewer financial assistance program, notwithstanding that he meets the income level qualifications set forth in this section. However, motor vehicles for personal use, household furnishings and the benefitted property itself, as well as the buildings located thereon which are occupied by the person seeking the qualify as a home for himself and his family shall not be included in computing assets.
(3) Benefitted property shall have the same meaning as the term "benefitted property" in the statute pursuant to which the sanitary sewer improvement is financed. In the case of connection to an existing public sanitary sewer, "benefitted property" shall mean that property required to be connected to such existing public sewer.
(4) Connection fee means the cost of installing a service lateral from the main sanitary sewer line to the residence.
(5) Income means total cash receipts to the property owner and spouse after taxes from all sources. These sources include money, wages and salaries after any deductions required by law, but not including food or rent in lieu of wages. They include receipts from self-employment or from one's own farm or business after deductions for business or farm expenses.
They include regular payments from public assistance, social security, unemployment and workmen's compensation, strike benefits from union funds, veterans benefits, training stipends, alimony and military family allotments or other regular support from an absent family member or someone not living in the household; government employee pensions, private pensions and regular insurance annuity payments; and income from dividends, interest, rents, royalties or income from estates and trusts. For eligibility purposes income does not refer to the following money receipts: any assets drawn down as withdrawals from a bank, sale of property, house or car, tax refunds, gifts, one-time insurance payments or compensation for injury; also to be disregarded is noncash income, such as the bonus value of food and fuel produced and consumed on farms and the imputed value of rent from owner-occupied farm or non-farm housing.
(6) Person means a natural person.
(7) Program means the sanitary sewer financial assistance programs.
(8) Project means any sanitary sewer improvement project of the urban county government, its agency or instrumentality.
(9) Qualified property owner means any person owning benefitted property who meets the assets test and has an annual income equal to or less than one hundred twenty-five (125) percent of the poverty income levels set forth in the poverty guidelines chart established by the Community Service Administration, annually published in the Federal Register, in effect at the time of application. However, the income itself shall be measured by the definition contained in paragraph (5) of this subsection. Any person having a beneficial interest in benefitted property may qualify for the sanitary sewer financial assistance program so long as and only on condition that the owner of the property executed the required mortgages and promissory notes.
(e) With relation to article VIII of this chapter:
(1) Commissioner means the commissioner of public works of the urban county government or the authorized deputy, agent or representative of said commissioner.
(2) Pollution means the contamination or other alteration of any waters, physical, chemical or biological properties, including change in temperature, taste, color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate and official uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(3) Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage.
(4) Urban county government storm sewer system means a conveyance or system of conveyances, including, but not limited to, roads with drainage systems, urban county streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains which are: (i) owned or operated by the urban county government; and (ii) designed or used for collecting or conveying storm water.
(5) Person shall mean any individual, partnership, committee, association, corporation, public agency, firm, company and any organization or group of persons, public or private.
(f) With relation to article X of this chapter and any permits issued pursuant thereto the following definitions apply:
(1) Agricultural activities are activities related to planting of crops or pasture associated with farming or the horse industry, excluding construction for buildings or structures associated with such activities.
(2) Authorized enforcement agency means employees or designees of the director of the division of water quality or the director of the division of environmental policy.
(3) Commercial area means an area developed for commercial or institutional uses including institutional facilities, retail, offices, apartment buildings, townhouse/condominium developments, golf courses or other non-single-family residential, non-agricultural, or non-industrial uses.
(4) CWA means the Clean Water Act, also referred to as "the Act" or the "Federal Water Pollution Control Act" as subsequently amended (33 U.S.C. Section 1251 et seq.).
(5) Detention basin or detention pond means a stormwater quantity control device that is designed to control peak discharge during a rain event and to completely drain after the design storm passes.
(6) Drainage way means any channel that conveys surface runoff.
(7) Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(8) Industrial area means an area developed for industrial activity.
(9) High-risk industrial facility means any facility located within LFUCG's jurisdictional boundary from which there is a "stormwater discharge associated with industrial activity" as defined in 40 CFR 122.26(b)(14), excluding Construction Sites. It also includes SARA Section 313 facilities referenced in 40 CFR 122.26(d)(2)(iv)(c) and those that the urban county government determines have a reasonable potential to discharge storm water containing pollutants of concern at a significant level.
(10) Manager means a person who manages, controls, operates, maintains, and/or directs a commercial or industrial facility or activity.
(11) MS4, or municipal separate storm sewer system, is the conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels and storm drains) that is owned or operated by LFUCG that discharges to waters of the United States:
a. Designed or used for collecting or conveying stormwater;
b. Which is not combined sewer; and
c. Which is not part of a publicly owned treatment works (POTW) as defined at KRS 224.01-010.
(12) Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
(13) Residential area means an area which has been developed for single family or two-family dwelling units.
(14) Retention basin or retention pond means a basin or pond that has a permanent pool exclusive of basins or ponds on property used solely for agricultural activities.
(15) Stormwater or storm water means water which originates from atmospheric moisture (rainfall or snow melt) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one (1) word or two (2) separate words.
(16) Stormwater runoff means that part of precipitation (rainfall or snow melt) which does not infiltrate into the ground.
(17) Stormwater control device means any detention basin, detention pond, drainage way, extended detention basin, retention basin, catch basin, or any other structure or equipment designed to control stormwater quantity or improve stormwater quality.
(18) Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control stormwater runoff.
(19) Grab sample means an instantaneous sample collected from the flow at a sampling location, either in-stream or at an outfall.
(20) Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(21) Industrial land use means an area characterized by or involving land utilized in connection with manufacturing, processing, or raw materials storage at industrial facilities, excluding construction sites.
(22) KPDES, or Kentucky Pollutant Discharge Elimination System, is the effluent permitting program in the Commonwealth of Kentucky for point source discharges.
(23) Large industrial outfall means an outfall from an industrial facility that discharges from a single pipe with an inside diameter of twelve (12) inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of two (2) acres or more).
(24) LFUCG facilities are land, properties, and/or buildings which are owned and operated, or leased and operated, by the Lexington-Fayette Urban County Government.
(25) Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate storm sewer outfall within the Urban Area as defined in 40 CFR 122.26(b)(5).
(26) Major watershed means one of the seven (7) urbanized watersheds in Fayette County that include Cane Run, East Hickman, North Elkhorn, South Elkhorn, Town Branch, West Hickman, and Wolf Run.
(27) MEP, or maximum extent practicable, is the control standard for discharges of stormwater from the Municipal Separate Storm Sewer Systems established by section 402(p) of the Act (33 U.S.C. 1342).
(28) Municipal waste facilities are LFUCG facilities that actively treat, store, or dispose of sewage or refuse, including but not limited to, material recovery facilities, wastewater treatment plants, landfills, and transfer stations.
(29) Outfall means a "point source" at the point where a municipal separate storm sewer discharges to waters of the United States, but does not include open conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels, or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States.
(30) Permittee means the holder of a KPDES permit who is responsible for compliance with permit conditions relating to the discharges that it owns or operates.
(31) Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
(32) Pollution means the contamination or other alteration of any waters, physical, chemical or biological properties, including change in temperature, taste, color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters.
(33) Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(34) Storm sewer, unless otherwise indicated, refers to a municipal separate storm sewer.
(35) Stormwater discharge associated with industrial activity is defined at 40 CFR 122.26(b) (14).
(36) Stormwater quality management program, or SWQMP, refers to the urban county government's comprehensive program to manage the quality of stormwater discharged from the urban county government's municipal separate storm sewer system. The SWQMP is considered a single document, even though it actually consists of separate programs (e.g. "chapters") for each permittee and references various Appendices.
(37) Stormwater pollution prevention plan, or SWPPP, is a site-specific, written document that identifies potential sources of stormwater pollution at the site or facility, and describes best management practices and procedures the operator will implement to eliminate or reduce pollutants in stormwater runoff from the site or facility.
(38) TMDL, or total maximum daily load, is a pollutant load allocation to a water of the United States developed to implement section 303(d) of the Act (33 U.S.C. 1313).
(39) Urban areas are areas within the LFUCG Urban Service Boundary and the residential areas and concentrated commercial areas outside the Urban Service Boundary as determined by the department of environmental quality, such as: Westmorland Road area, Athens Community, Eastpoint Drive area, Riviera Road area, Donelwal Drive area, Wellesley Heights Way area, Avon/Bluegrass Station Industrial Park area, Blue Sky Industrial Park area, Horse Park/Spindletop area, and Bluegrass Airport.
(40) Wastewater means a combination of the water-carried wastes originating from plumbing associated with residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
(41) Watercourse means any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the urban county government.
(42) Waterway means a channel that directs surface runoff to a watercourse or to the public storm drain.
(43) High-risk commercial facilities are commercial or institutional facilities that LFUCG determines have a reasonable potential to discharge storm water pollutants of concern at significant levels. The division of water quality maintains a list of those facilities designated as high-risk commercial facilities.
(44) Illicit connection means any connection to the MS4 that is not composed entirely of stormwater except discharges pursuant to a KPDES permit, discharges resulting from fire fighting activities or other de minimis activities allowable under the MS4 regulations at 40 CFR 122.26.
(45) Illicit discharge means any discharge to the MS4 that is not composed entirely of stormwater except discharges pursuant to a KPDES permit, other than the KPDES permit for discharges from the municipal separate storm sewer, and discharges resulting from fire fighting activities, or other de minimis activities allowable under the MS4 regulations at 40 CFR 122.26.
(46) Institutional facility means any facility used for institutional purposes, including schools, colleges, universities, hospitals and churches.
(47) Commercial facility means any facility used for commercial purposes.
(48) Waters of the United States means waters as defined in 40 CFR 122.2.
(49) Erosion means the process by which the ground surface is worn away by the action of wind or water.
(50) Excavation or cut means any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.
(51) Fill means a deposit of soil, rock or other non-deteriorating material used by man, to replace or supplement the original soil or sub-soil.
(52) Grading means any stripping, excavating, filling, stockpiling of soil or any combination thereof, and shall include the land in its excavated or filled condition.
(53) Natural features means features including but not be limited to, existing water courses, soils, vegetation (including grasses, shrubs, legumes, etc.) and tree stands having trees five (5) inches or greater in diameter or fifteen (15) feet or greater in height, whichever is less.
(54) Existing land surface means any ground surface in its existing state before any grading, excavation, filling, or other disturbance. The existing land surface would include areas that were previously disturbed and are covered with asphalt, concrete, brick, or similar materials. The area of disturbance of existing land surface includes areas where dirt or debris is stockpiled.
(55) Sediment means any solid material, both mineral and organic that is in suspension, is being transported, or has been moved from its site or origin by air, water or gravity as a product of erosion.
(56) Slope means any inclined, exposed surface of a fill, excavation, or natural terrain.
(57) Soil means all earth material of whatever origin that overlies bedrock, and may include the decomposed zone of bedrock, which can be readily excavated by mechanical equipment.
(58) Clearing means any activity which removes or significantly disturbs the vegetative surface cover, including stripping and grubbing operations.
(59) Common plan of development means any announcement or piece of documentation (e.g., sign, public notice, or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (e.g., boundary signs, lot stakes, surveyor markings, etc.), indicating construction activities may occur on a specific plot. Where discrete construction projects within a larger plan of development or sale are located one-quarter-mile or more apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided any interconnecting road, pipeline, or utility project that is part of the same "common plan" is not currently being disturbed.
(60) Linear utility line construction project means a project that will result in the disturbance of the existing land surface through clearing, grading, excavating, or filling activities along a relatively narrow strip of land for the purpose of installing, repairing, removing, or maintaining a pipeline, sewer, cable, wire, culvert, or other type of conduit. An individual linear utility line construction project includes non-contiguous disturbances that are associated with an overall utility line project that serves a common purpose.
(61) Intermittent stream means a stream which flows periodically in an established channel or bed where groundwater provides water for part of the stream flow. Channels that only flow in direct response to and immediately after precipitation are not intermittent streams.
(62) Perennial stream means a stream that has continuous flow in parts of its bed all year round during years of normal rainfall.
(63) Wetland means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
(64) Storm sewer inlet means the surface inlet entry point to a subsurface stormwater pipe, conduit, or culvert.
(65) Buffer means a strip of vegetated undisturbed land.
(66) New residential or commercial building means a new building that will be occupied by persons for residential or commercial purposes, including homes, office buildings, townhomes, and retail establishments. Renovations of existing buildings or structures are not new buildings.
(67) Day shall mean a calendar day unless otherwise specified.
(68) Disturbance means any land disturbance activity that may result in soil erosion, including but not limited to, clearing, grubbing, stripping, grading, excavation, demolition, or soil stockpiling.
(69) Regular inspections means at least once every seven (7) calendar days, or at least once every fourteen (14) calendar days, and within twenty-four (24) hours after any storm event of one-half-inch or greater.
(70) Engineering manuals means that set of documents used to provide the standards for the design, review, construction, repair, and inspection of infrastructure in Lexington-Fayette County. These are also known as the engineering manuals or as the manuals. The engineering manuals consist of the procedures manual for infrastructure development (also known as the procedures manual), the construction inspection manual (also known as the inspection manual), the geotechnical manual, the roadway manual, the structures manual, the stormwater manual, and the sanitary sewer and pumping station manual (also known as the sewer manual). These manuals, including the definitions therein, are hereby adopted and incorporated into this Code by reference. From time to time, the urban county government may revise, modify, or amend the manuals in conformance with the procedures established in the procedures manual.
(g) With relation to article XII of this chapter the following definitions apply:
(1) Confidential business information or trade secret means any record or other information which is not of public knowledge or general knowledge in the trade or business, furnished to or obtained by the department of environmental quality, the disclosure of which would be likely to have either of the following effects:
(a) To impair the department's ability to obtain the necessary information in the future; or
(b) To create an unfair advantage in the competitors of the person from which the information was obtained.
Confidential business information and trade secrets do not include monitoring data or information collected or recorded to determine compliance with chapter 16 or the impact of operations on the environment.
(2) Day means a calendar day.
(3) All definitions in subsections 16-1(a), (c) and (f) are incorporated by reference and have the same meanings with relation to article XII.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 164-84, § 1, 9-20-84; Ord. No. 173-87, § 3, 7-16-87; Ord. No. 165-89, §§ 1, 2, 8-31-89; Ord. No. 251-89, § 3, 12-14-89; Ord. No. 286-90, § 1, 12-18-90; Ord. No. 234-91, § 1, 11-14-91; Ord. No. 122-93, § 1, 6-17-93; Ord. No. 268-95, § 3, 11-30-95; Ord. No. 43-97, §§ 1, 2, 3-20-97; Ord. No. 196-98, §§ 1—3, 7-2-98; Ord. No. 14-99, §§ 1, 2, 1-28-99; Ord. No. 148-2000, § 1, 6-1-00; Ord. No. 174-2001, §§ 4, 5, 7-5-01; Ord. No. 282-2003, § 1, 12-4-03; Ord. No. 36-2009, § 1, 3-26-09; Ord. No. 142-2009, §§ 1—6, 7-7-09; Ord. No. 143-2009, §§ 1, 2, 7-7-09; Ord. No. 151-2010, § 1, 8-26-10; Ord. No. 130-2012, § 1, 10-25-12; Ord. No. 217-2016 , § 1, 12-6-16)